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Case C-453/12: Action brought on 9 October 2012 — European Commission v Council of the European Union
ECLI:EU:UNKNOWN:62012CN0453
62012CN0453
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8.12.2012
EN
Official Journal of the European Union
C 379/17
(Case C-453/12)
2012/C 379/29
Language of the case: French
Parties
Applicant: European Commission (represented by: J. Currall, D. Martin and J.-P-Keppenne, agents)
Defendant: Council of the European Union
Form of order sought
—Declare that by not adopting the Commission’s proposal for a Council Regulation adjusting, from 1 July 2011, the rate of contribution to the pension scheme of officials and other servants of the European Union, the Council has failed to fulfil its obligations under the Staff Regulations and under the notional fund scheme provided for in those Regulations;
—Order the Council of the European Union to pay the costs.
Pleas in law and main arguments
By the present action, the applicant claims that the Council infringed Articles 83 and 83a of the Staff Regulations and the provisions contained in Annex XII to the Staff Regulations, by refusing to adopt the Commission’s proposal for a Regulation which proposes to adjust, from 1 July 2011, the rate of contribution to the pension scheme of officials and other servants of the European Union, even though according to the binding wording of those provisions the annual adjustment of that rate is an automatic procedure which leaves the Council with no discretion.
According to the applicant, the refusal of the Council to adopt the Commission’s proposal for a regulation and, accordingly, to lower the rate of contribution by officials, infringes not only Article 83(2) of the Staff Regulations, by requiring the officials to make an excessive contribution, but also Article 83a(1) of the Staff Regulations, by placing at risk the balance of the notional fund scheme which guarantees the pensions of officials and other agents.
Finally, according to the Commission, by laying down the method of calculation of the rate of contribution by officials and servants precisely in Annex XII to the Staff Regulations, the European Union legislature left the Council with no discretion and obliged it to adopt the Commission’s proposals within a reasonable period of time.